Tribunal Criminal Tribunal for the Former Yugoslavia

Page 30095

1 Thursday, 4 December 2003

2 [Open session]

3 [The accused entered court]

4 --- Upon commencing at 9.08 a.m.

5 JUDGE MAY: Mr. Nice, today's session is to be in closed session.

6 We are in open session, and while we're in open session, we will deal with

7 at least one matter, which is next Tuesday. I say we'll deal with it;

8 we'll deal with it to say that we will make inquiries of Judge Robinson as

9 to whether he is able to sit or not, and we will let you know at the

10 earliest possible time, let everybody know at the earliest possible time

11 if we can sit or not.

12 MR. NICE: Thank you very much for that. I have something to say

13 about the witnesses next week but maybe if we're going to go into private

14 session, it would appropriate to deal with that.

15 JUDGE MAY: Yes. Before we do, is there anything else that

16 anybody wants to raise in open session? Anything you want to say in open

17 session?

18 MR. NICE: There are a couple of things I can say in open session.

19 The Chamber will know that there's a practice now of using a computer

20 software package called Case Map. It's being used by the Office of the

21 Prosecutor and, I think, being used by other departments within the

22 institution. I mentioned earlier that when we had identified for

23 ourselves what are called the issues by which material will be sorted or

24 sortable under Case Map we'd notify the Chamber in advance of actually

25 implementing the system so that either the Chamber, the amici, or the

Page 30096

1 accused could comment on the issues identified for sorting purposes. We

2 forecast having that issue outline ready probably next week or something

3 to that effect and we'll make it available to the parties and to the

4 Chamber for their consideration.

5 The second point is, Your Honour, we can see that there's going to

6 be -- or there is the need to consider the chart of forthcoming witnesses

7 in view of some slippage of time. We will have a new chart available for

8 your consideration I hope by the beginning of next week because we're

9 having a meeting to discuss the position tomorrow, and other -- and there

10 is a witness called Soldal to whom we could conceivably seek to call

11 today, depending on how closed-session testimony goes and how long it

12 lasts. He's always been marked as a "filler" witness. We haven't yet

13 made a full or written application for his short witness statement to be

14 entered as evidence under 89(F). Copies of statements are with you now.

15 We will try and do a formal written notice application by the break.

16 Those are the only matters for public session.

17 JUDGE MAY: Very well. We'll go into closed session.

18 THE ACCUSED: [Interpretation] Mr. May.

19 JUDGE MAY: Yes.

20 THE INTERPRETER: The interpreters cannot --

21 THE REGISTRAR: Your Honour, we're still in open session.

22 JUDGE MAY: Yes, Mr. Milosevic.

23 THE ACCUSED: [Interpretation] Well, I would like to say while

24 we're still in public session that I categorically oppose this kind of

25 practice, hearing some kind of secret witnesses. The example of yesterday

Page 30097

1 shows this the best, because you saw yourself that this witness was not --

2 JUDGE MAY: No. We've made these decisions. It's not a matter

3 for argument. We've decided about this next witness, and indeed a witness

4 at the end of the -- at the end of the term, and it's not a matter for

5 argument, Mr. Milosevic.

6 Yes. We'll go into closed session.

7 [Closed session]

8 (redacted)

9 (redacted)

10 (redacted)

11 (redacted)

12 (redacted)

13 (redacted)

14 (redacted)

15 (redacted)

16 (redacted)

17 (redacted)

18 (redacted)

19 (redacted)

20 (redacted)

21 (redacted)

22 (redacted)

23 (redacted)

24 (redacted)

25 (redacted)

Page 30098












12 Pages 30098 to 30212 redacted closed session.











23 --- Whereupon the hearing adjourned at 1.50 p.m.,

24 to be reconvened on Tuesday, the 9th day of

25 December, 2003, at 9.00 a.m.